Small estate affidavit in Arizona: who can use it and how

A sworn statement you give to a bank, company or person holding the property, so they pay or deliver it to you. It is not filed with the court.

Up to $200,000 (deaths on or after September 26, 2025), 30 days after the death, no court filing.

Checked against official sources: October 30, 2026.

Affidavit for Collection of Personal Property (small estate affidavit)

A sworn statement you give to a bank, company or person holding the property, so they pay or deliver it to you. It is not filed with the court.

Limit

Up to $200,000 (deaths on or after September 26, 2025) Counted after subtracting liens (what is owed on the property).

Date of death	Limit
On or after September 26, 2025	$200,000
On or before September 25, 2025	$75,000

The personal property, minus liens and encumbrances, cannot be worth more than $200,000. This limit took effect on September 26, 2025. Before that date the limit was $75,000.

What counts

The value of all the person's personal property in the estate, wherever it is, minus liens and encumbrances, on the date of death. Real estate is not part of this total.

Waiting period

At least 30 days must have passed since the death.

Who can use it

A person who claims to be the successor (the person who inherits under the will, or under state inheritance law if there is no will), or someone acting for that person. The Maricopa County court form lets an heir sign when everyone with an equal or greater right has assigned their interest to them in writing.

Court or where to file

Not filed with a court. You give it to the person or company holding the property.

Notary

The court form is signed under oath before a notary. The Maricopa County court clerk cannot notarize this form.

Papers to attach

Certified copy of the death certificate (many holders ask for it)
Copy of the will, if you inherit under a will
Signed documents assigning interests to you, if other heirs with an equal or greater right gave you their share

Steps

Wait until at least 30 days after the death.
Make sure the person's funeral expenses and last-illness expenses have been paid.
List the personal property and debts owed to the person, with values, and check that the total minus liens is not over $200,000.
Sign the affidavit under oath before a notary.
Give the affidavit to each bank, company or person holding the property.

Fee

No court filing fee, because the affidavit is not filed with the court.

Debts and responsibility

A person who receives property by affidavit must account for it to any personal representative of the estate or to anyone with a better right to it.

What the bank or holder must do

On a proper affidavit, the holder must pay the debt or deliver the property, and a transfer agent must re-register securities. The holder is released from liability as if it dealt with a personal representative and does not have to check the truth of the affidavit. If the holder refuses, the people entitled to the property can bring a court proceeding to recover it.

Forms

Law: A.R.S. 14-3971(B)-(D), 14-3972; Laws 2025, ch. 24 (HB 2116)

Source: Official page

What counts toward the limit in Arizona

There are two separate totals. For the personal property affidavit, add up the value of all the person's personal property in the estate, wherever it is, on the date of death, and subtract liens and encumbrances (such as a car loan). For the real property affidavit, add up all the person's real property in Arizona at the assessor's full cash value for the year of death, and subtract liens and encumbrances such as a mortgage.

Law: A.R.S. 14-3971

In this state the total is counted after subtracting liens.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone, with no pay-on-death beneficiary, count as personal property. Law: A.R.S. 14-3971(B); Maricopa County form PBSE1k
Joint or payable-on-death (POD) bank accounts	Left out	Money in a joint account with a surviving owner, or a pay-on-death account, belongs to the surviving owner or beneficiary and is not part of the estate. Law: A.R.S. 14-6212
Cars and other vehicles	Counts	Cars count as personal property, minus any car loan. The Motor Vehicle Division transfers the title on the same affidavit. Law: A.R.S. 14-3971(B), (D); Maricopa County form PBSE1k
Boats and mobile or manufactured homes	Not clear	Ask the court self-help center how a boat or mobile home is treated. Law: A.R.S. 14-3971
Real estate in Arizona	Own procedure, up to $300,000	Arizona real estate is not part of the personal property total. It can go through the real property affidavit if all of it, minus liens, is worth $300,000 or less. Law: A.R.S. 14-3971(B), (E)
Main home (primary residence)	Own procedure, up to $300,000	The person's home is real estate and goes through the real property affidavit ($300,000 limit for all Arizona real property, minus liens). Law: A.R.S. 14-3971(E)
Real estate in another state	Left out	Real estate outside Arizona is not counted and cannot be transferred with the Arizona affidavit. Law: A.R.S. 14-3971(E)(1)(a); Maricopa County form PBSE1k
Unpaid wages owed to the person	Counts	Money owed to the person, including unpaid wages, is listed and added to the personal property total. A surviving spouse can also collect up to $5,000 of wages from the employer with a separate affidavit. Law: A.R.S. 14-3971(A)-(B); Maricopa County form PBSE11f
Military pay owed to the person	Not clear	Ask the court self-help center how military pay owed to the person is treated. Law: A.R.S. 14-3971
Life insurance or retirement money paid to a named person	Left out	Life insurance, retirement and pension benefits paid to a named beneficiary pass outside the estate. Law: A.R.S. 14-6101
Life insurance or retirement money paid to the estate	Counts	Insurance or retirement benefits payable to the person's estate are personal property of the estate and count. Law: A.R.S. 14-3971(B)
Property in a living trust	Left out	Property held in a trust passes under the trust, not as part of the estate. Law: A.R.S. 14-6101
Property owned jointly with right of survivorship	Left out	Property held jointly with right of survivorship passes to the surviving owner. A home owned jointly with right of survivorship is part of the estate only if the other owner has also died. Law: AHCCCS brochure DE-810, question 8; A.R.S. 14-6212
Property going to a surviving spouse	Not clear	Arizona is a community property state. Ask the court self-help center how community property that passes to the spouse is counted. Law: A.R.S. 14-2102, 14-3971
Stocks, bonds and brokerage accounts	Counts	Stocks and bonds in the person's name alone, with no transfer-on-death beneficiary, count. Law: A.R.S. 14-3971(B)-(C); Maricopa County form PBSE1k
Furniture, jewelry and other belongings	Counts	Jewelry, furniture and other belongings count at their value. Law: A.R.S. 14-3971(B); Maricopa County form PBSE1k

Source: Official page

Questions about small estates in Arizona

How long must I wait to use the affidavit in Arizona?

At least 30 days must have passed since the death.

What does the affidavit cost in Arizona?

No court filing fee, because the affidavit is not filed with the court.

Am I responsible for debts if I use the affidavit in Arizona?

A person who receives property by affidavit must account for it to any personal representative of the estate or to anyone with a better right to it.

Free help in Arizona

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.